Commercial Landlord and Tenant Possession Actions
Our team deals with all aspects of commercial landlord and tenant possession actions, including forfeiture claims. We also deal with the service of notices and counter-notices relating to applications for renewal under the Landlord and Tenant Act.
Forfeiture still remains a remedy available to a commercial landlord in the event of a tenant’s failure to pay rent or other breach of covenant. In certain circumstances it is unnecessary to apply to Court to re-enter the property and forfeit the lease. We regularly use a specialist firm of certified bailiffs to forfeit without court proceedings. However, great care is needed before embarking on this course of action, as an unlawful forfeiture is likely to lead to a claim by the tenant for damages.
We can advise you as to the right course of action to take and regularly act for tenants and landlords in relation to claims for forfeiture and recovery of rent arrears.
Recent examples of cases include:
- Advising a commercial tenant that had been wrongfully excluded from its premises and successfully getting them reinstated.
- Acting for an owner of commercial premises in South East London and bringing possession proceedings against unauthorised sub-tenants.
- New Rules for Evicting Tenants From 1 October 2015, landlords can end an assured shorthold tenancy by serving notice, without having to show any fault on the part of the tenant, under section 28 of the Housing Act 1988. Robert Twining outlines the changes and warns of new traps for unwary landlords.
- What to do if your tenant fails to remove its property following expiry/termination of lease In circumstances where your tenant vacates, whether by way of an agreed surrender or following a possession order being granted, the case of Campbell v Redstone Mortgages Ltd  EWHC 3081 has provided some clarification as to how you should deal with any property your tenant leaves behind.
- Commercial rent arrears recovery (CRAR) Despite coming into force in April this year, there are still some commercial landlords that aren’t aware of the changes relating to the recovery of rent arrears from their tenants...